Rule2023-21324
Federal Acquisition Regulation; Federal Acquisition Circular 2023-06; Small Entity Compliance Guide
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 5, 2023
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
This document is issued under the joint authority of DoD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2023-06, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2023-06, which precedes this document.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Rules and Regulations]
[Pages 69526-69527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-21324]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2023-0051, Sequence No. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2023-06; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide (SECG).
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SUMMARY: This document is issued under the joint authority of DoD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared in
accordance with section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996. It consists of a summary of the rules
appearing in Federal Acquisition Circular (FAC) 2023-06, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2023-06,
which precedes this document.
DATES: October 5, 2023.
ADDRESSES: The FAC, including the SECG, is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2023-06 and the FAR Case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#f5b2a6b4a79092a69096b5928694db929a83"><span class="__cf_email__" data-cfemail="4a0d190b182f2d192f290a2d392b642d253c">[email protected]</span></a>. An asterisk (*) next to a rule
indicates that a regulatory flexibility analysis has been prepared.
Rules Listed in FAC 2023-06
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Item Subject FAR case Analyst
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I *.............. Implementation of 2020-011 Ryba.
Federal Acquisition
Supply Chain
Security Act
(FASCSA) Orders.
II *............. Whistleblower 2017-005 Jones.
Protection for
Contractor
Employees.
III *............ 8(a) Program........ 2021-012 Bowman.
IV............... Technical Amendments
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR rules, refer to
the specific item numbers and subjects set forth in the documents
following these item summaries. FAC 2023-06 amends the FAR as follows:
Item I--Implementation of Federal Acquisition Supply Chain Security Act
(FASCSA) Orders (FAR Case 2020-011)
This interim rule amends the Federal Acquisition Regulation (FAR)
to implement supply chain risk information sharing and exclusion or
removal orders required by the Federal Acquisition Supply Chain
Security Act of 2018 and a final rule issued by the Federal Acquisition
Security Council (FASC).
The FAR is being amended to implement applicable exclusion or
removal orders recommended by the FASC when they are issued by the
Secretary of Homeland Security, the Secretary of Defense, or the
Director of National Intelligence. Offerors will be required to check
both the System for Award Management and individual solicitations for
applicable exclusion orders.
This rule applies to all acquisitions, including acquisitions at or
below the simplified acquisition threshold and to acquisitions of
commercial items, including commercially available off-the-shelf items.
It may have a significant economic impact on a substantial number of
small entities.
Item II--Whistleblower Protection for Contractor Employees (FAR Case
2017-005)
This final rule amends the FAR to implement Public Law 114-261 (41
U.S.C. 4712). The rule enhances whistleblower protection for contractor
employees by making permanent the protection for disclosure of certain
information. It also clarifies that the FAR 31.205-47 prohibition on
reimbursement for legal fees accrued in defense against reprisal claims
applies to subcontractors, as well as contractors.
DoD, NASA and the Coast Guard have a different whistleblower
program for contractor employees.
This final rule will not have a significant economic impact on a
substantial number of small entities.
[[Page 69527]]
Item III--8(a) Program Changes (FAR Case 2021-012)
This final rule amends the FAR to update and clarify requirements
associated with the Small Business Administration's (SBA) 8(a) program.
Specifically, this rule clarifies that the certificate of competency
program is not applicable to 8(a) sole-source awards and requires that
BPAs issued under part 13, including orders placed under part 13 BPAs
under the 8(a) Program, must be offered to, and accepted by SBA.
Additionally, this rule clarifies an 8(a) participant's eligibility for
award for a two-step design procurement and clarifies that a concern
must be a current participant in the 8(a) program at the time of an
8(a) sole-source award. This rule also implements policy that allows
the SBA to appeal a contracting officer's decision that an acquisition
previously procured under the 8(a) program is a new requirement not
subject to the release requirements set forth in 13 CFR. Furthermore,
this rule requires the contracting officer to notify the SBA when the
contracting officer decides that a requirement, previously procured
under the 8(a) program, is a new requirement and not a follow-on
requirement to an 8(a) contract; and when the procuring activity
intends to procure a follow-on requirement using an existing limited
contracting vehicle that is not available to all 8(a) participants and
the current or previous 8(a) contract was available to all 8(a)
participants. Lastly, this rule encourages the contracting officer to
notify the SBA Associate Administrator for Business Development at
least 30 days prior to the end of the contract or order when a
mandatory source will be used for a follow-on requirement to an 8(a)
contract.
Item IV--Technical Amendments
An administrative change is made at FAR 52.212-3.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2023-21324 Filed 10-4-23; 8:45 am]
BILLING CODE 6820-EP-P
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